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Brommers
Sorry to hear it’s getting complicated. The legal situation on sale will be clear, the conveyancing solicitor will split the proceeds 50/50.
It doesn’t sound like her father is challenging the legal position, just making a practical suggestion, so I don’t think involving solicitors will help and could easily end up costing a lot more than half an estate agent’s fee.
You paying the interest in the mortgage while you still live there seems a very fair suggestion, but by continuing to pay the capital off you’re effectively gifting her a larger share of the property.
I’d stick strictly to a 50/50 arrangement, any wavering from that could end up spiralling and, as you say, if it doesn’t sell for months the amount of capital you pay off could be significant.
It doesn’t sound a very friendly way of doing it but it sounds like you understand that the potential for this to go wrong is huge.
Keep it simple and fair, stick to the arrangement you made when you moved in, and try not to spend a fortune on lawyers.
As for her father not wanting to accept a reasonable offer, I think you’ll just have to worry about that if it happens. Both he and your ex will want to move on emotionally and, so long as you’re not paying off the capital part of the mortgage, there’s no benefit to them hanging on other than to punish you, which it thankfully doesn’t sound like they want to do.